Lawmakers seek investigation of inmate sterilizations

The California Institution for Women in Corona was one of two state prisons where female inmates were sterilized without required state approvals. At least 148 women received tubal ligations in violation of prison rules from 2006 to 2010. COURTESY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

State lawmakers have called for an investigation of the physicians involved in the sterilization of women inmates and raised questions about a federal prison overseer's role in handling the matter.

In a letter Wednesday to the Medical Board of California, state Sen. Ted Lieu, D-Redondo Beach, said that the Center for Investigative Reporting's investigation raised "troubling allegations that doctors violated State law, disregarded ethical guidelines, and fell well below the Standard of care." Lieu is chairman of the Business, Professions and Economic Development Committee, which oversees the medical board.

"We've been assured that this practice hasn't occurred since (2010), but the question of course is why was this occurring?" state Sen. Hannah-Beth Jackson, D-Santa Barbara, who also signed Lieu's letter, told CIR. "We want to make absolutely sure – whether we have to do legislation or what – this procedure never becomes the practice it had in the past."

CIR found that 148 women received tubal ligations without required state approvals from 2006 to 2010. Former inmates say doctors pressured women into getting sterilized and targeted those deemed likely to commit future crimes.

If Lieu's request is accepted, the doctors reviewed could include those inside the prison who made referrals for the surgeries as well as outside contractors at nearby hospitals who performed the procedure in violation of state rules. Lieu also called for the medical board to recommend ways for the Legislature to ensure unauthorized surgeries don't occur and to consider whether doctors involved in unauthorized tubal ligations should be disciplined. The federal prison receivership has said it put a stop to all tubal ligations in 2010.

"A physician's sole and only concern should be that of the patient," Lieu wrote.

Dr. James Heinrich, a prison OB-GYN who referred women prisoners for the surgery, told CIR the money spent sterilizing inmates was minimal "compared to what you save in welfare paying for these unwanted children – as they procreated more."

A former top medical official at Valley State Prison for Women, one of two prisons that sterilized female inmates, acknowledged seeking ways around the state's 1984 ban on tubal ligations. That ban allowed the procedure only in life-threatening situations and with high-level state review.

Daun Martin said she and Heinrich believed the restriction was "unfair."

Martin said she did not allow the procedures once she knew they were banned. But state records show at least 60 occurred under her watch without those approvals.

Joyce Hayhoe, speaking for the receivership, said officials there also were outraged over comments made by doctors in the CIR story.

"This was clearly a practice that started in the prison system prior to the receivership – that we inherited," Hayhoe said.

Chris Valine, public information analyst for the medical board, said the office received Lieu's letter but could not comment further.

Gov. Jerry Brown's office referred requests for comment to the California Department of Corrections and Rehabilitation. As of publication, the state prison office had not commented.

In a separate letter, Jackson – vice chairwoman of the California Legislative Women's Caucus – along with top leaders of the Senate and Assembly, told the receivership she would ask the California State Auditor to probe the allegations.

Related Links

The California Institution for Women in Corona was one of two state prisons where female inmates were sterilized without required state approvals. At least 148 women received tubal ligations in violation of prison rules from 2006 to 2010. COURTESY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
The California Institution for Women in Corona was one of two state prisons where female inmates were sterilized without required state approvals. At least 148 women received tubal ligations in violation of prison rules from 2006 to 2010. COURTESY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
At Valley State Prison for Women in Chowchilla, the top medical manager from 2005 to 2008, Daun Martin, characterized tubal ligations as an empowerment issue for female inmates, providing them the same options as women on the outside. COURTESY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Former Valley State Prison for Women inmate Kimberly Jeffrey spends time with her son Noel, 3, at their San Francisco home. During her imprisonment in 2010, Jeffrey says a doctor pressured her to agree to be sterilized while she was sedated and strapped to a surgical table for a C-section. She refused. NOAH BERGER, FOR THE CENTER FOR INVESTIGATIVE REPORTING

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